Holiday Letting Terms & Conditions

By booking with Living Here Advantage (LHA) you agree to be bound by the following Terms & Conditions. We may revise these Terms & Conditions from time to time by updating our website. The revised terms will take effect from when they are posted.

Guest accommodation is for short-term residential purposes only, and not covered by the Residential Tenancies Act. LHA acts as the agent of the owner of the property by way of Licence from the Owner and accepts reservations in that capacity in accordance with these Terms and Conditions. If you breach any term of this License Agreement then at the discretion of the Managing agent your tenancy may immediately be terminated by oral notice or notice in writing (either at the discretion of the Managing Agent). If this Licence is terminated, the provisions under the heading Termination shall apply in addition to any other relevant terms or conditions.

The premises are let to accommodate only the number of people specified in the booking, for the period specified in the booking. Overloading will render the guests liable for extra charges and risk immediate eviction and forfeiture of any unused tariff. Payment of a deposit and/or receipt of key/s are deemed to be your acceptance of these Terms and Conditions.

INSURANCE We strongly recommend you consider independent travel insurance to cover any unforseen circumstances when purchasing a holiday.

FUNCTIONS & PARTIES Functions and parties are strictly prohibited. Any type of function, party, or gathering of people in excess of the number of people specified in the booking, may incur a function fee of between $1000 and $5000. This fee will be determined at the absolute discretion of the Managing Agent, is non-negotiable and will be debited from your credit card, or recovered by any other means. In addition to this fee, the booking will be immediately terminated and additional cleaning and repair/replacement costs may be charged.

CARE OF PREMISES Care of the premises, and the peace and comfort of surrounding residents must be respected at all times. The Managing Agent will investigate reports of, or suspicion of property damage and/or antisocial behaviour. Such behaviour may, at the absolute discretion of the Managing Agent, result in immediate eviction and forfeiture of any unused tariff. A Business cannot be operated from any holiday property without prior consent of Body Corporate and/or property owner. Guests are responsible for the behaviour and actions of their visitors whilst on the premises.

BOOKINGS A booking fee of $50 applies to all bookings. We will always attempt to accurately describe a property and its facilities. LHA accepts no responsibility for any misconception as to the features or quality of the property, nor for any errors and omissions contained in any communications or our website. It is your responsibility to ensure that the property is suitable for your needs and there shall be no entitlement to any refund if the Property is booked sight unseen. We should be able to answer most of your questions, but we cannot be expected to pre-empt them.

 All bookings must be registered to an adult over the age of 18. The registered guest must personally sign the registration forms and provide the valid credit card used to make the booking for the security deposit if it has not been prepaid. As part of our duty of care and in case of fire or accident it is essential that we are aware of all occupants in a property. Therefore do not be offended when we ask for names and addresses of all those who will be occupying the property for the period booked. The registered guest must be present at the property with other approved guests for the full duration of their stay.

Tariffs are current as per the tariff sheet and website, and are subject to change without notice. No responsibility is accepted for errors and omissions contained on this website or tariff sheet. Any verbal quote is an estimate of price only that will be subject to written advice on confirmation of the reservation. The price of the accommodation cannot be guaranteed until payment of the full deposit is received.

To secure a reservation you must pay the non-refundable booking fee and the initial deposit of 50% of the total tariff within 48 hours of making a booking (by the end of the second business day). Should your deposit not be received by this time, the booking will be automatically cancelled. The outstanding amount and the latest date for payment will be specified in the booking confirmation email you will receive. When you receive your confirmation of booking and your trust account receipt for your deposit, please check them carefully and contact the office immediately if there is any discrepancy. Acceptance of deposits by LHA shall not impose any obligation on the part of LHA to provide any product or service or guarantee any price quoted or published.

LHA cannot be held responsible for circumstances beyond their control. We cannot be held responsible for the decisions of the owners of premises (i.e. sale of the property, alterations/repairs that differ from representations, withdrawal of the premises from the letting pool, or other act including increase of tariffs), which may affect this booking. However, every reasonable effort will be made to offer alternative accommodation should circumstances prevent the original accommodation from being unavailable. Should the premises become unavailable through unforeseen circumstances (i.e. fire, storm, damage, change of ownership, body corporate requirements, owner discretion etc) we will notify you and endeavour to obtain alternative accommodation. In this event the guest may elect to have the deposit already paid transferred to the new booking or have the paid deposit refunded if they wish to cancel.

The balance of the tariff must be paid 21 days prior to arrival date. If a credit card is used for the booking LHA will automatically charge this balance to the same credit card used to pay the initial 50% deposit. In making a booking, guests automatically grant LHA the authority to retain the details of the credit card used to make the initial deposit and to use the card for the payment of the balance of the tariff on the appropriate date. If this final payment is not received prior to the date required, or is not accepted by the credit card as a valid transaction and/or the guest fails to respond to communication regarding this failure, the booking will be automatically cancelled and the initial 50% deposit may be forfeited. Credit card details will be kept on file as security and destroyed thirty days after departure, once the property has been inspected.

 If your arrival date is between 18 December and 02 January, the full tariff must be received no later than one month (30 days) prior to the arrival date. Failure to pay the full tariff by this date may result in your booking being cancelled and forfeiture of any deposits already paid.

BONDS A security bond is required for all properties. The amount of the security bond will vary according to individual properties based on number of guests, type of property etc. If the booking is for 7 days or less then a credit card pre-authorisation is suitable, otherwise this security deposit will need to be paid before check-in, and will be returned to the guest within 7 days after vacating providing all keys are returned and there are no additional charges to cover damage, breakages or cleaning. You will need to provide us with bank account details in order to do so. If the property is not left to our satisfaction, LHA will retain the full security bond amount until all additional costs associated with your stay have been finalised. The remainder of your security bond will be transferred back into your nominated bank account. Refund or retention of all or part of a security bond does not limit the right of LHA to recover further costs from the guest through our legal department.

Our office is a “Cashless” office. We accept Visa, MasterCard, Direct Deposit and EFTPOS only. Visa and MasterCard attract a 1.25% processing fee. We do not accept AMEX or Direct Deposit by International Money Transfer. No keys can be issued until the registration card is signed and the full tariff is paid.

MINIMUM STAY Most properties have a minimum stay of 7 days in the high season. Please check with LHA for individual property requirements.

CHANGES / ALTERATIONS Changes and alterations to any bookings can only be made up to 90 days from arrival at the absolute discretion of the Managing Agent. The prevailing tariff at the time of change will be applied to new amended bookings. If a guest wishes to reduce the period of the booking NO REFUND of unused tariff will be considered. All requests to cancel or alter a confirmed booking must be made in writing either by email to tewantin@livinghere.com.au or by letter or facsimile to +617 5455 5022.

CANCELLATIONS A Cancellation Fee of 12% of the total rent will apply under ANY and ALL circumstances. If the property is re-let for the TOTAL period formerly booked by you, only the cancellation fee will be charged and the balance deposit paid will be refunded. If the property is NOT re-let for the TOTAL period formerly booked by you, the deposit will NOT be refunded.

AVAILABILITY TIMES The premises are available from 2pm on the day of arrival and are to be vacated no later than 10am on the day of departure. Failure to depart by 10am without prior arrangement will incur an additional charge of $50 per hour past 10 am. Our Tewantin office hours are Monday to Friday 9am to 5pm, and Saturdays by appointment. (Closed Christmas Day, Boxing Day, Good Friday, Easter Monday and Anzac Day) Please contact the office 60 minutes prior to your arrival to ensure keys are ready. Outside of office hours, alternative arrangements can be made at the property manager’s discretion.

Prior to departure from the property, the following must be done. All rubbish to be removed from the property and placed in appropriate bins. Dishwasher must be emptied, all dishes dried and put away. The property must be left secure with all windows and doors closed and locked. The furniture must be placed back in its original position. Please leave the premises clean and tidy as an additional cleaning fee may be charged. All keys must be returned to the LHA office, unless other arrangements have been made and confirmed with the property manager 24 hours prior to departure. Failure to return keys/remotes will incur a fee to cover the cost of having the keys recovered returned to LHA.

LATE ARRIVALS If you are arriving outside normal business hours, any outstanding tariff will be deducted from the nominated credit card prior to close of business. Contact LHA during office hours to advise your expected arrival time and receive instructions for a code to the lock box and its location so that you can collect the keys after hours. If this has not been pre-arranged, please phone 0428 712 874 sixty minutes prior to your arrival. This may incur a $80.00 call out fee. All balance of monies must be paid prior to key collection.

PROPERTY PRESENTATION Upon arrival at your chosen accommodation, should you find any cleaning or maintenance issues please contact LHA immediately so we can arrange to have the issue rectified as soon as possible. This shall not constitute grounds for cancellation or refund and you must allow LHA to attempt to correct any issues. If you choose not to advise LHA, it will be understood that you are happy with the presentation of the property.

CLEANING / LINEN The premises will be cleaned and the linen changed midway through your stay where the booking is for more than 7 days. For longer stays cleaning and linen changes will occur weekly. Additional cleans can be arranged by the property manager, extra charges will apply.  Amenities in the property are complimentary only and will not be replenished during your stay unless your stay is more than 7 days and there is a midway clean.

TELEPHONE / INTERNET Not all properties have telephone/internet facilities; if these facilities are important to you, please confirm their availability with our office prior to arrival. When Internet access is provided the Property Owner and LHA will provide the equipment and a valid user account in good faith, and cannot be held responsible for anything arising from its use or temporary non- availability. Any service difficulties, once reported to the property manager will be relayed to the service provider for rectification. Guests are only to use the internet for accessing emails, social media and simple online searches. There must be no downloading of videos, books, music or other copyright material. Excessive downloads may result in a charge to the guest. Due to local terrain LHA can give no guarantee as to the quality of mobile phone reception, television reception, smart phone internet connectivity and WIFI connectivity at any property.

LOSS OR DAMAGE Guests are responsible for any loss or damage to fittings, fixtures and any items in the premises, including keys and remote controls, WHETHER ACCIDENTAL OR OTHERWISE. Guests will be charged for the repair or replacement of any such loss or damage at the absolute discretion of the property manager. All damage and/or losses are to be reported immediately. Acceptance of keys and giving us credit card details is approval by you for us to charge you for any damage or loss reported, or discovered after checkout. If an insurance claim is made with the prior agreement of the owner, the tenant must pay the applicable excess on the owner’s insurance policy. If an item cannot be replaced, a reasonable substitute can be purchased of no less value than the original if acceptable to the owner. If the lost or broken item is part of a set, and the item cannot be matched, the full set will be required to be replaced.

PARKING Guests shall only park cars and/or trailers, or other vehicles in specified areas allocated for that purpose.

PERSONAL PROPERTY LHA accepts no responsibility for guests’ personal property either during the booked period or after the departure. The guest is responsible for maintaining the security of the property throughout, and immediately after their stay. Any loss of items from or damage to the property resulting from the windows and/or doors being left unlocked may be recovered from the guest by whatever means available to the property manager and/or property owner. If items are left behind guests are encouraged to report this to our office within 24 hours and we will do our best to retrieve these. Guests will be required to provide suitable pre-paid packaging to facilitate the return of lost property.

PETS Pets are NOT ALLOWED on the premises unless the property manager and property owners give prior approval. Pets reported and/or discovered on the property, and found to be in the control of guests or associated people will render the guests liable for extra charges and risk immediate eviction and forfeiture of any unused tariff.  These charges may include pest control and/or carpet cleaning and/or furniture cleaning and/or cleaning up of the grounds. All pet friendly properties incur a non-refundable $100 fee.

SMOKING In accordance with State Legislation, guests and visitors to the property are not to smoke inside the premises. Those smoking outside must properly dispose of all butts and other related material, and only smoke more than 3 metres away from the doorway of any property. Any additional cleaning costs required to remove all traces of cigarette smoking will be recovered from the guest. This can include but is not limited to dry-cleaning of soft furniture and furnishings.

KEYS / REMOTES All keys/remotes must be returned to our office on departure – no more than two sets of keys are available to guests. Lost keys will incur a recutting charge and may incur locksmith’s fees and/or lock replacement fees. If keys/remotes are left inside the property and not returned to our office a $30.00 fee will apply – no exceptions. For lockouts after hours, a $80.00 call out fee will be charged. Please call our after hours number 0428 712 874. For security reasons, if the complete set of keys/remotes are not returned to our office, guests will incur the cost of a complete re-key and replacement.

LIFTS Guests are responsible for the proper loading and use of lift equipment. Overloading of lifts may result in damage to equipment and may require expensive maintenance callouts. Any costs deemed to be associated with a guest’s improper use of a lift will be recovered from the guest by whatever means available.

COTS/HIGH CHAIRS In some instances owners have supplied Cots and/or Highchairs for use by guests. We take no responsibility for the supply and or use of these items and their use is at the guest’s own risk.

NOISE / BUILDING WORKS LHA and the property owner cannot and will not be held responsible for any works and any associated noise outside of their control, including but not limited to normal noise in a residential area, and any disturbances or inconveniences caused by renovations to houses or units in the area. When notified of any such building works, we will notify you and, if authorised by the owner, offer alternative accommodation if possible but this cannot be guaranteed.

BREAKDOWN OF EQUIPMENT Air-conditioners, swimming pools and electrical appliances are subject to breakdown and sometimes delayed repairs are inevitable. Please report any breakdown as soon as you can. Whilst every effort will be made to repair these items as quickly as possible, no guarantee of their availability or serviceability for the duration of a stay is given. No refund or reduction in tariff will be made for non-availability of any of these items for any part of a stay. If there is any problem perceived by the tenant on occupation of the premises, the agent should be notified immediately, so that the problem can be rectified as soon as possible for the comfort of the tenant. No subsequent compensation of any kind for a problem not reported to us immediately will be considered. Threats of legal action will be ignored unless presented in an appropriate form by a qualified legal practitioner. From time to time repairs and maintenance need to be attended to during your stay at which time a contractor will need to access the property. We may need to disclose your phone number to the contractor to gain access. If this contact method is unsuccessful we will provide a key to the property for the contractor to gain entry.

BODY CORPORATE BY-LAWS Guests and all visitors will comply with all Body Corporate by-laws and rules, and will not create or permit any noise or other nuisance to occur or emanate from the property. Failure to comply may result in the termination of your reservation and removal from the property. Details of applicable By-laws are usually on display at the building or can be provided by LHA on request.

BREACH OF TERMS AND CONDITIONS If the property manager believes that these Terms and Conditions have been breached, we may inspect the property at any time during your stay upon demand and without notice. An after-hours call out fee of up to $80.00 will be charged for any situation requiring the attendance of the property manager outside of business hours. Any breaches of these Terms & Conditions or failure to comply with the property manager’s directions will render the guests liable for extra charges and risk immediate eviction and forfeiture of any unused tariff. LHA reserves the right to inspect the property at any other time during your reservation upon 24 hours verbal notice.

TERMINATION If your reservation is terminated, LHA and/or the owner of the property is authorised to carry out removal via any methods necessary at the guest’s cost. If your reservation of the property is terminated and you are removed from the property the total tariff paid for your reservation will be forfeited to the owner of the property. There will be no refund of tariff.

NOTE LHA reserves the right to alter, cancel or change any of these Terms and Conditions as a result of changes in the holiday market, changes in Legislation, the requirements of Property Owners, or a Body Corporate at any time without notice. These Terms and Conditions have precedence over any other communication, written or otherwise. The applicable laws governing this agreement shall be the laws of the State of Queensland and Australia and in relation to any dispute the parties agree to submit to the exclusive jurisdiction of any competent court in the State of Queensland. To the extent permitted by law:

  1. The Guest releases and forever discharges the Agent and the Owner, including their heirs, assigns, beneficiaries, employees, contractors and agents from any and all claims, demands, liabilities, obligations, causes of action, loss, damage or injury whatsoever whether to property or person arising out of or in connections with this agreement and the Guest’s use and occupancy of the Premises
  2. The Guest also assumes all liability for and will hold the Agent and the Owner harmless from and against any and all claims, demands, liabilities, obligations, causes of action, loss, damage or injury whatsoever whether to property or person claimed by any licensee, invitee, employee, contractor or agent of the Guest upon the Premises during the Guest’s occupancy.